STATE OF MAHARASHTRA Vs. TANAJI DADA DESAI

JUDGEMENT

(1.) This appeal is preferred by State of Maharashtra challenging the judgment and order dtd. 27/4/2007 passed by Ad-hoc Sessions Judge - 6, District : Kolhapur in Criminal Appeal No.55 of 2006 by which the respondent was acquitted for the offences punishable under Ss. 279, 337, 338, 427 of Indian Penal Code (for short "IPC") and Ss. 184 134(b) r/w Sec. 177 of Motor Vehicles Act, 1988 (for short "MV Act").

(2.) The respondent was prosecuted for the aforesaid offences. Plea was recorded on 23/11/2005. The respondent was tried before the Court of Judicial Magistrate First Class, Kagal vide Summery Criminal Case No. 118 of 2004. The respondent was charged for offences under Ss. 279, 337, 338 of IPC and Sec. 184, 134(b) of MV Act.

(3.) The learned Judicial Magistrate First Class by judgment and order dtd. 12/7/2006 convicted the respondent for the offence punishable under Sec. 279 of IPC and sentenced to suffer simple imprisonment for three months with fine of Rs.500.00. He was further convicted for the offences under Sec. 338 of IPC, Sec. 184, Sec. 134(b) r/w Sec. 177 of the MV Act. He was directed to undergo simple imprisonment for three months with fine of Rs.500.00, fine of Rs.500.00, fine of Rs.100,.00 respectively for the aforesaid offences. All the sentences were directed to run concurrently.